Browder v. Guerra Days Law Group

Filing 37

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 33 Memorandum and Recommendations. The Court grants in part 29 Motion to Dismiss. (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
REGINALD BROWDER,
Plaintiff,
VS.
GUERRA DAYS LAW GROUP,
Defendant.

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November 13, 2023
Nathan Ochsner, Clerk

Civil Case No. 4:22-CV-02463

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the October 23, 2023, Memorandum and
Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 33).
Judge Bray made findings and conclusions and recommended that Defendant’s Motion
to Dismiss (Dkt. No. 29) be granted in part. (Dkt. No. 33).
The Parties were provided proper notice and the opportunity to object to the M&R.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result,
review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th
Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.
It is therefore ordered that:
(1)

Judge Bray’s M&R (Dkt. No. 33) is ACCEPTED and ADOPTED in its
entirety as the holding of the Court; and

(2)

Defendant’s Motion to Dismiss (Dkt. No. 29) is GRANTED IN PART only
as to Plaintiff’s claim for intentional infliction of emotion distress.

It is SO ORDERED.
Signed on November 13, 2023.

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DREW B. TIPTON
UNITED STATES DISTRICT JUDGE

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